On 2nd Look, Fed. Circ. Jettisons Baxter Dialysis Patent

By Ryan Davis

Law360, New York (May 17, 2012, 10:43 PM ET) -- The Federal Circuit, which three years ago ruled in favor of Baxter International Inc. on the validity of its dialysis machine patent, on Thursday affirmed a U.S. Patent and Trademark Office decision rejecting that patent, putting into question a $23.5 million judgment against Fresenius USA Inc.

The 2-1 split decision sparked debate among the Federal Circuit panel about whether the patent office can reach a different conclusion on a patent's validity after a federal court has ruled on the issue.